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2
3*STORAGE NETWORKING INDUSTRY ASSOCIATION
4PUBLIC LICENSE
5Version 1.1 *
6________________________
7
8*1. Definitions.*
9
10    * 1.1 "Commercial Use" means distribution or otherwise making the
11      Covered Code available to a third party.
12    * 1.2 "Contributor" means each entity that creates or contributes to
13      the creation of Modifications.
14    * 1.3 "Contributor Version" means the combination of the Original
15      Code, prior Modifications used by a Contributor, and the
16      Modifications made by that particular Contributor.
17    * 1.4 "Covered Code" means the Original Code or Modifications or the
18      combination of the Original Code and Modifications, in each case
19      including portions thereof.
20    * 1.5 "Electronic Distribution Mechanism" means a mechanism
21      generally accepted in the software development community for the
22      electronic transfer of data.
23    * 1.6 "Executable" means Covered Code in any form other than Source
24      Code.
25    * 1.7 "Initial Developer" means the individual or entity identified
26      as the Initial Developer in the Source Code notice required by
27      Exhibit A.
28    * 1.8 "Larger Work" means a work which combines Covered Code or
29      portions thereof with code not governed by the terms of this License.
30    * 1.9 "License" means this document.
31    * 1.10 "Licensable" means having the right to grant, to the maximum
32      extent possible, whether at the time of the initial grant or
33      subsequently acquired, any and all of the rights conveyed herein.
34    * 1.11 "Modifications" means any addition to or deletion from the
35      substance or structure of either the Original Code or any previous
36      Modifications. When Covered Code is released as a series of files,
37      a Modification is:
38          o A. Any addition to or deletion from the contents of a file
39            containing Original Code or previous Modifications.
40          o B. Any new file that contains any part of the Original Code
41            or previous Modifications.
42
43      1.12 "Original Code" means Source Code of computer software code
44      which is described in the Source Code notice required by Exhibit A
45      as Original Code, and which, at the time of its release under this
46      License is not already Covered Code governed by this License.
47
48    * 1.13 "Patent Claims" means any patent claim(s), now owned or
49      hereafter acquired, including without limitation, method, process,
50      and apparatus claims, in any patent Licensable by grantor.
51    * 1.14 "Source Code" means the preferred form of the Covered Code
52      for making modifications to it, including all modules it contains,
53      plus any associated interface definition files, scripts used to
54      control compilation and installation of an Executable, or source
55      code differential comparisons against either the Original Code or
56      another well known, available Covered Code of the Contributor's
57      choice. The Source Code can be in a compressed or archival form,
58      provided the appropriate decompression or de-archiving software is
59      widely available for no charge.
60    * 1.15 "You" (or "Your") means an individual or a legal entity
61      exercising rights under, and complying with all of the terms of,
62      this License or a future version of this License issued under
63      Section 6.1. For legal entities, "You" includes any entity which
64      controls, is controlled by, or is under common control with You.
65      For purposes of this definition, "control" means (a) the power,
66      direct or indirect, to cause the direction or management of such
67      entity, whether by contract or otherwise, or (b) ownership of more
68      than fifty percent (50%) of the outstanding shares or beneficial
69      ownership of such entity
70
71*2. Source Code License.*
72
73    * 2.1 The Initial Developer Grant. The Initial Developer hereby
74      grants You a world-wide, royalty-free, non-exclusive license,
75      subject to third party intellectual property claims:
76          o (a) under intellectual property rights (other than patent or
77            trademark) Licensable by Initial Developer to use,
78            reproduce, modify, display, perform, sublicense and
79            distribute the Original Code (or portions thereof) with or
80            without Modifications, and/or as part of a Larger Work; and
81          o (b) under Patents Claims infringed by the making, using or
82            selling of Original Code, to make, have made, use, practice,
83            sell, and offer for sale, and/or otherwise dispose of the
84            Original Code (or portions thereof).
85          o (c) the licenses granted in this Section 2.1(a) and (b) are
86            effective on the date Initial Developer first distributes
87            Original Code under the terms of this License.
88          o (d) Notwithstanding Section 2.1(b) above, no patent license
89            is granted: 1) for code that You delete from the Original
90            Code; 2) separate from the Original Code; or 3) for
91            infringements caused by: i) the modification of the Original
92            Code or ii) the combination of the Original Code with other
93            software or devices.
94
95    * 2.2 Contributor Grant. Subject to third party intellectual
96      property claims, each Contributor hereby grants You a world-wide,
97      royalty-free, non-exclusive license
98          o (a) under intellectual property rights (other than patent or
99            trademark) Licensable by Contributor, to use, reproduce,
100            modify, display, perform, sublicense and distribute the
101            Modifications created by such Contributor (or portions
102            thereof) either on an unmodified basis, with other
103            Modifications, as Covered Code and/or as part of a Larger
104            Work; and
105          o (b) under Patent Claims infringed by the making, using, or
106            selling of Modifications made by that Contributor either
107            alone and/or in combination with its Contributor Version (or
108            portions of such combination), to make, use, sell, offer for
109            sale, have made, and/or otherwise dispose of: 1)
110            Modifications made by that Contributor (or portions
111            thereof); and 2) the combination of Modifications made by
112            that Contributor with its Contributor Version (or portions
113            of such combination).
114          o (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
115            effective on the date Contributor first makes Commercial Use
116            of the Covered Code.
117          o (d) Notwithstanding Section 2.2(b) above, no patent license
118            is granted: 1) for any code that Contributor has deleted
119            from the Contributor Version; 2) separate from the
120            Contributor Version; 3) for infringements caused by: i)
121            third party modifications of Contributor Version or ii) the
122            combination of Modifications made by that Contributor with
123            other software (except as part of the Contributor Version)
124            or other devices; or 4) under Patent Claims infringed by
125            Covered Code in the absence of Modifications made by that
126            Contributor.
127
128*3. Distribution Obligations.*
129
130    * 3.1 Application of License. The Modifications which You create or
131      to which You contribute are governed by the terms of this License,
132      including without limitation Section 2.2. The Source Code version
133      of Covered Code may be distributed only under the terms of this
134      License or a future version of this License released under Section
135      6.1, and You must include a copy of this License with every copy
136      of the Source Code You distribute. You may not offer or impose any
137      terms on any Source Code version that alters or restricts the
138      applicable version of this License or the recipients' rights
139      hereunder. However, You may include an additional document
140      offering the additional rights described in Section 3.5.
141    * 3.2 Availability of Source Code. Any Modification which You create
142      or to which You contribute must be made available in Source Code
143      form under the terms of this License either on the same media as
144      an Executable version or via an accepted Electronic Distribution
145      Mechanism to anyone to whom you made an Executable version
146      available; and if made available via Electronic Distribution
147      Mechanism, must remain available for at least twelve (12) months
148      after the date it initially became available, or at least six (6)
149      months after a subsequent version of that particular Modification
150      has been made available to such recipients. You are responsible
151      for ensuring that the Source Code version remains available even
152      if the Electronic Distribution Mechanism is maintained by a third
153      party.
154    * 3.3 Description of Modifications. You must cause all Covered Code
155      to which You contribute to contain a file documenting the changes
156      You made to create that Covered Code and the date of any change.
157      You must include a prominent statement that the Modification is
158      derived, directly or indirectly, from Original Code provided by
159      the Initial Developer and including the name of the Initial
160      Developer in (a) the Source Code, and (b) in any notice in an
161      Executable version or related documentation in which You describe
162      the origin or ownership of the Covered Code.
163    * 3.4 Intellectual Property Matters.
164          o (a) Third Party Claims. If Contributor has actual knowledge
165            that a license under a third party's intellectual property
166            rights is required to exercise the rights granted by such
167            Contributor under Sections 2.1 or 2.2, Contributor must
168            include a text file with the Source Code distribution titled
169            "LEGAL" which describes the claim and the party making the
170            claim in sufficient detail that a recipient will know whom
171            to contact. If Contributor obtains such knowledge after the
172            Modification is made available as described in Section 3.2,
173            Contributor shall promptly modify the LEGAL file in all
174            copies Contributor makes available thereafter.
175          o (b) Contributor API's. If Contributor's Modifications
176            include an application programming interface and Contributor
177            has actual knowledge of patent licenses which are reasonably
178            necessary to implement that API, Contributor must also
179            include this information in the LEGAL file.
180          o (c) Representations. Contributor represents that, except as
181            disclosed pursuant to Section 3.4(a) above, Contributor
182            believes that Contributor's Modifications are Contributor's
183            original creation(s) and/or Contributor has sufficient
184            rights to grant the rights conveyed by this License.
185    * 3.5 Required Notices. You must duplicate the notice in *Exhibit A*
186      in each file of the Source Code. If it is not possible to put such
187      notice in a particular Source Code file due to its structure, then
188      You must include such notice in a location (such as a relevant
189      directory) where a user would be most likely to look for such a
190      notice. If You created one or more Modification(s) You may add
191      your name as a Contributor to the notice described in *Exhibit A.
192      *You must also duplicate this License in any documentation for the
193      Source Code where You describe recipients' rights or ownership
194      rights relating to Covered Code. You may choose to offer, and to
195      charge a fee for, warranty, support, indemnity or liability
196      obligations to one or more recipients of Covered Code. However,
197      You may do so only on Your own behalf, and not on behalf of the
198      Initial Developer or any Contributor. You must make it absolutely
199      clear that any such warranty, support, indemnity or liability
200      obligation is offered by You alone, and You hereby agree to
201      indemnify the Initial Developer and every Contributor for any
202      liability (excluding any liability arising from intellectual
203      property claims relating to the Covered Code) incurred by the
204      Initial Developer or such Contributor as a result of warranty,
205      support, indemnity or liability terms You offer.
206    * 3.6 Distribution of Executable Versions. You may distribute
207      Covered Code in Executable form only if the requirements of
208      Section* 3.1-3.5 *have been met for that Covered Code, and if You
209      include a notice stating that the Source Code version of the
210      Covered Code is available under the terms of this License,
211      including a description of how and where You have fulfilled the
212      obligation of Section *3.2.* The notice must be conspicuously
213      included in any notice in an Executable version, related
214      documentation or collateral in which You describe recipients'
215      rights relating to the Covered Code. You may distribute the
216      Executable version of Covered Code or ownership rights under a
217      license of Your choice, which may contain terms different from
218      this License, provided that You are in compliance with the terms
219      of this License and that the license for the Executable version
220      does not attempt to limit or alter the recipient's rights in the
221      Source Code version from the rights set forth in this License. If
222      You distribute the Executable version under a different license
223      You must make it absolutely clear that any terms which differ from
224      this License are offered by You alone, not by the Initial
225      Developer or any Contributor. You hereby agree to indemnify the
226      Initial Developer and every Contributor for any liability
227      (excluding any liability arising from intellectual property claims
228      relating to the Covered Code) incurred by the Initial Developer or
229      such Contributor as a result of any such terms You offer.
230    * 3.7 Larger Works. You may create a Larger Work by combining
231      Covered Code with other code not governed by the terms of this
232      License and distribute the Larger Work as a single product. In
233      such a case, You must make sure the requirements of this License
234      are fulfilled for the Covered Code.
235
236*4. Inability to Comply Due to Statute or Regulation.* If it is
237impossible for You to comply with any of the terms of this License with
238respect to some or all of the Covered Code due to statute, judicial
239order, or regulation then You must: (a) comply with the terms of this
240License to the maximum extent possible; and (b) describe the limitations
241and the code they affect. Such description must be included in the LEGAL
242file described in Section 3.4 and must be included with all
243distributions of the Source Code. Except to the extent prohibited by
244statute or regulation, such description must be sufficiently detailed
245for a recipient of ordinary skill to be able to understand it.
246
247*5. Application of this License.* This License applies to code to which
248the Initial Developer has attached the notice in Exhibit A and to
249related Covered Code.
250
251*6. Versions of the License.*
252
253    * 6.1 New Versions. The Storage Networking Industry Association (the
254      "SNIA") may publish revised and/or new versions of the License
255      from time to time. Each version will be given a distinguishing
256      version number.
257    * 6.2 Effect of New Versions. Once Covered Code has been published
258      under a particular version of the License, You may always continue
259      to use it under the terms of that version. You may also choose to
260      use such Covered Code under the terms of any subsequent version of
261      the License published by the SNIA. No one other than the SNIA has
262      the right to modify the terms applicable to Covered Code created
263      under this License.
264    * 6.3 Derivative Works. If You create or use a modified version of
265      this License (which you may only do in order to apply it to code
266      which is not already Covered Code governed by this License), You
267      must (a) rename Your license so that the phrases "Storage
268      Networking Industry Association," "SNIA," or any confusingly
269      similar phrase do not appear in your license (except to note that
270      your license differs from this License) and (b) otherwise make it
271      clear that Your version of the license contains terms which differ
272      from the SNIA Public License. (Filling in the name of the Initial
273      Developer, Original Code or Contributor in the notice described in
274      Exhibit A shall not of themselves be deemed to be modifications of
275      this License.)
276
277*7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE
278ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
279IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
280IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
281NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
282COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY
283RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
284THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
285DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
286USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
287DISCLAIMER.*
288
289*8. TERMINATION.*
290
291    * *8.1 *This License and the rights granted hereunder will terminate
292      automatically if You fail to comply with terms herein and fail to
293      cure such breach within a reasonable time after becoming aware of
294      the breach. All sublicenses to the Covered Code which are properly
295      granted shall survive any termination of this License. Provisions
296      which, by their nature, must remain in effect beyond the
297      termination of this License shall survive.
298    * *8.2* If You initiate litigation by asserting a patent
299      infringement claim (excluding declaratory judgment actions)
300      against Initial Developer or a Contributor (the Initial Developer
301      or Contributor against whom You file such action is referred to as
302      "Participant") alleging that:
303          o *(a)* such Participant's Contributor Version directly or
304            indirectly infringes any patent, then any and all rights
305            granted by such Participant to You under Sections 2.1 and/or
306            2.2 of this License shall, upon 60 days notice from
307            Participant terminate prospectively, unless if within 60
308            days after receipt of notice You either: (i) agree in
309            writing to pay Participant a mutually agreeable reasonable
310            royalty for Your past and future use of Modifications made
311            by such Participant, or (ii) withdraw Your litigation claim
312            with respect to the Contributor Version against such
313            Participant. If within 60 days of notice, a reasonable
314            royalty and payment arrangement are not mutually agreed upon
315            in writing by the parties or the litigation claim is not
316            withdrawn, the rights granted by Participant to You under
317            Sections 2.1 and/or 2.2 automatically terminate at the
318            expiration of the 60 day notice period specified above.
319    * *8.3* If You assert a patent infringement claim against
320      Participant alleging that such Participant's Contributor Version
321      directly or indirectly infringes any patent where such claim is
322      resolved (such as by license or settlement) prior to the
323      initiation of patent infringement litigation, then the reasonable
324      value of the licenses granted by such Participant under Sections
325      2.1 or 2.2 shall be taken into account in determining the amount
326      or value of any payment or license.
327
328
329
330    * *8.4* In the event of termination under Sections 8.1 or 8.2 above,
331      all end user license agreements (excluding distributors and
332      resellers) which have been validly granted by You or any
333      distributor hereunder prior to termination shall survive termination.
334
335*9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
336THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
337SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
338DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
339LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
340CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
341DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
342MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
343SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
344THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
345PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
346APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
347ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
348DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.*
349
350*10. U.S. GOVERNMENT END USERS.* The Covered Code is a "commercial
351item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
352consisting of "commercial computer software" and "commercial computer
353software documentation," as such terms are used in 48 C.F.R. 12.212
354(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
355through 227.7202-4 (June 1995), all U.S. Government End Users acquire
356Covered Code with only those rights set forth herein.
357
358*11. MISCELLANEOUS *This License represents the complete agreement
359concerning subject matter hereof. If any provision of this License is
360held to be unenforceable, such provision shall be reformed only to the
361extent necessary to make it enforceable. This License shall be governed
362by California law provisions (except to the extent applicable law, if
363any, provides otherwise), excluding its conflict-of-law provisions. The
364application of the United Nations Convention on Contracts for the
365International Sale of Goods is expressly excluded. Any law or regulation
366which provides that the language of a contract shall be construed
367against the drafter shall not apply to this License.
368
369*12. RESPONSIBILITY FOR CLAIMS.* As between Initial Developer and the
370Contributors, each party is responsible for claims and damages arising,
371directly or indirectly, out of its utilization of rights under this
372License and You agree to work with Initial Developer and Contributors to
373distribute such responsibility on an equitable basis. Nothing herein is
374intended or shall be deemed to constitute any admission of liability.
375
376*13. MULTIPLE-LICENSED CODE.* Initial Developer may designate portions
377of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means
378that the Initial Developer permits you to utilize portions of the
379Covered Code under Your choice of this License or the alternative
380licenses, if any, specified by the Initial Developer in the file
381described in Exhibit A.
382
383*14. ACCEPTANCE.* This License is accepted by You if You retain, use, or
384distribute the Covered Code for any purpose.
385
386*EXHIBIT A �The SNIA Public License.*
387
388The contents of this file are subject to the SNIA Public License Version
3891.1 (the "License"); you may not use this file except in compliance with
390the License. You may obtain a copy of the License at
391
392    http://mp-mgmt-api.sourceforge.net/SourceLicense-v1.1.html
393
394Software distributed under the License is distributed on an "AS IS"
395basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
396License for the specific language governing rights and limitations under
397the License.
398
399The Original Code is _                    ._
400
401The Initial Developer of the Original Code is _  [COMPLETE THIS]    _.
402
403Contributor(s): ______________________________________.
404
405